[Federal Register Volume 71, Number 137 (Tuesday, July 18, 2006)]
[Notices]
[Pages 40778-40780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11289]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23459]


Hours of Service of Drivers: National Ready Mixed Concrete 
Association Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that it has received an application from the 
National Ready Mixed Concrete Association (NRMCA) for a 2-year 
exemption from certain provisions of the hours-of-service (HOS) rules 
for commercial motor vehicle (CMV) drivers. Under the exemption, 
drivers of ready-mixed concrete vehicles in designated areas would be 
allowed to operate under the 100 air-mile radius exception from the 
requirement to prepare records of duty status (RODS) provided they are 
released from work within 14 hours following 10 consecutive hours off 
duty. Additionally, NRMCA requests an exemption from the requirement 
that a CMV driver record his or her duty status for each 24-hour period 
using the methods prescribed in the HOS rules. NRMCA is requesting the 
exemption on behalf of ready-mixed concrete

[[Page 40779]]

producers operating within a 100 air-mile radius, in interstate 
commerce, delivering to active construction sites in Alabama, Florida, 
Louisiana, Mississippi, and Texas. NRMCA states that approximately 800 
drivers and the same number of ready-mixed concrete vehicles will 
operate under the requested exemption. NRMCA bases its request on the 
fact that many companies and their drivers are working to rebuild areas 
affected by the record number of hurricanes during the 2005 hurricane 
season. FMCSA requests public comment on NRMCA's application for 
exemption.

DATES: Comments must be received on or before August 17, 2006.

ADDRESSES: You may submit comments [identified by DOT DMS Docket 
No.FMCSA-2005-23459] using any of the following methods:
     Web Site: Go to http://dmses.dot.gov/submit. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.gov including any personal 
information provided. Please see the Privacy Act heading for further 
information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The DMS is available 24 hours each day, 365 
days each year. If you want to be notified that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477). This 
statement is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Division Chief, 
Driver and Carrier Operations Division (MC-PSD), Office of Bus and 
Truck Standards and Operations, phone (202) 366-4009, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, June 9, 1998, 112 Stat. 107) amended 49 U.S.C. 31315 
and 31136(e) to provide authority to grant exemptions from the motor 
carrier safety regulations. On August 20, 2004, FMCSA published a final 
rule (69 FR 51589) on section 4007. Under the regulations, FMCSA must 
publish a notice of each exemption request in the Federal Register (49 
CFR 381.315(a)). FMCSA must provide the public with an opportunity to 
inspect the information relevant to the application, including any 
safety analyses that have been conducted, and it must provide an 
opportunity for public comment on the request.
    FMCSA reviews the safety analyses and the public comments and 
determines whether granting the exemption would achieve a level of 
safety equivalent to or greater than the level that would be achieved 
by the current regulation (49 CFR 381.305). FMCSA's decision must be 
published in the Federal Register (49 CFR 381.315(b)). If FMCSA denies 
the request, it must state the reason for doing so. If FMCSA grants the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which exemption is being granted. The notice must also specify the 
effective period of the exemption (up to 2 years) and explain the terms 
and conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

Application for Exemption

    NRMCA seeks an exemption from the requirement for drivers to 
prepare RODS. The exemption would apply to ready-mixed concrete drivers 
that operate within 100 air-miles of the drivers' normal work reporting 
location, return to the work reporting location, and are released from 
work within 14 hours. Currently, 49 CFR 395.1(e)(1) provides an 
exception from the RODS requirement for drivers operating within 100 
air-miles but returning within 12 hours. The request is limited to 
holders of Class A or B commercial driver's licenses and to interstate 
deliveries to active construction sites in Alabama, Florida, Louisiana, 
Mississippi, and Texas. Drivers' normal work reporting locations must 
also be in one of these States. The request is further limited to 
drivers who ``* * * must deliver to active commercial, residential or 
local, state or federal construction sites * * *.'' NRMCA indicated 
that approximately 800 drivers and the same number of ready-mixed 
concrete vehicles will be affected by the requested exemption. NRMCA 
bases its request on the fact that many companies and their drivers are 
working to rebuild areas affected by the record number of hurricanes 
during the 2005 hurricane season.
    In addition, NRMCA requests that ready-mixed concrete drivers 
utilizing the requested exemption complete, and that motor carriers 
require such drivers to complete, an alternative time record that 
contains (1) The driver's name, (2) the date, (3) start time, (4) stop 
time, (5) total hours worked daily, (6) total hours for the week, (7) 
normal work reporting location, and (8) the driver's signature. This 
differs from the current requirement for time records for drivers using 
the 100 air-mile exception in 49 CFR 395.1(e)(1) by adding the 
requirement for the driver's signature.
    NRMCA suggests that reducing the paperwork without diminishing 
public safety will benefit and facilitate ongoing rebuilding 
activities. It proposes, as a condition under the terms of the 
exemption, to select individual ready-mixed concrete producers and 
monitor the number of DOT-recordable accidents that occur among the 
producers, and it will report its findings to FMCSA. NRMCA requests the 
exemption extend for a period of two years from the date of approval.
    A copy of NRMCA's application for exemption is available for review 
in the docket for this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment on NRMCA's application for exemption from 49 CFR 
395.1(e). FMCSA will consider all comments received by close of 
business on August 17, 2006. Comments will be available for examination 
in the docket at the location listed under the Addresses section of 
this notice. FMCSA will file

[[Page 40780]]

comments received after the comment closing date in the public docket 
and will consider them to the extent practicable. In addition to late 
comments, FMCSA will also continue to file in the public docket 
relevant information that becomes available after the comment closing 
date. Interested persons should monitor the public docket for new 
material.

    Issued on: July 10, 2006.
David H. Hugel,
Acting Administration.
 [FR Doc. E6-11289 Filed 7-17-06; 8:45 am]
BILLING CODE 4910-EX-P